This report forms part of a series of reports on climate law and policy for judges in Asia and the Pacific which seeks to (i) share environmental and climate jurisprudence from Asia and the Pacific, contributing to global knowledge on regional climate law and litigation; (ii) provide a comprehensive benchbook and tool kit for judges, especially those from Asia and the Pacific, to facilitate decision-making in this ever-evolving field of law; (iii) capture the results of ADB’s judicial capacity development work—the legacy of ADB’s work to date; and finally, (iv) acknowledge the prodigious work done by the judiciaries of Asia and the Pacific—ADB applauds their dedication and progress.
This report (Report Two) reviews climate litigation in six thematic areas and contrasts approaches in Asia and the Pacific with jurisprudence from other parts of the world. It discusses climate litigation involving
- rights-based litigation against governments,
- permitting and judicial review,
- private parties,
- vulnerable people, and
- transboundary litigation.
One of the most comprehensive analyses to date of climate litigation in Asia and the Pacific, this document allows ADB to showcase regional judicial approaches. It also supports the cross-fertilization of ideas on climate jurisprudence.